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(영문) 의정부지방법원 2020.01.15 2018가단125280
작업비 청구의 소
Text

1. The Defendant’s KRW 19,305,00 for the Plaintiff and KRW 6% per annum from September 1, 2018 to January 15, 2020 for the Plaintiff.

Reasons

1. The Defendant was awarded a subcontract for the nine-story interior works among the construction works extending the “subsan D building” from C Co., Ltd.

On July 5, 2017, the Defendant entered into an environmental management agreement with the Plaintiff and the Plaintiff on July 5, 2017 with respect to the performance of subcontracted construction works, and “a two-way work agreement with respect to the transportation of necessary materials (such as tin, resort, cement, sand) at the nine-story construction site,” respectively.

Accordingly, from July 5, 2017 to July 25, 2017, the Plaintiff completed the construction waste disposal and mass disposal respectively.

Around July 27, 2017, the Defendant settled the costs of the construction waste disposal work with the Plaintiff and the construction waste disposal cost of KRW 23,100,000 (including value-added tax), and paid the said money in full thereafter.

However, over the settlement of the two-way work costs, the dispute between the plaintiff and the defendant led to the lawsuit in this case.

[Ground of recognition] Unsatisfy, Gap 1-3 evidence, fact-finding results against C Co., Ltd. of this court, the purport of the whole pleadings

2. The Plaintiff asserted that the amount of personnel expenses shall be calculated on the basis of the personnel expenses of the employee who invested in the work between the Defendant and the two-way workers, but the personnel expenses per personnel unit per person per week shall be set at KRW 150,000 per week, and KRW 300,000 per night. In the course of performing the two-way work, 228 total number of persons (15, 213 per week, per hour) were invested.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 66,150,000 per week (“15”) x 150,000 per week x 213 night x 300,000) as well as value-added tax of KRW 6,615,00 per annum.

3. The Plaintiff and the Defendant agreed to calculate the two-way work cost by the personnel expenses of the worker who invested in the work (no dispute). We examine in sequence the “personnel expenses per worker per two-way workers” and “total number of persons who invested in the work during the work during the period.”

(a) personnel expenses for each person;

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